TO
: Planning Commission
FROM: Kelvin Parker, Community Development Director
DATE: May 19, 2025
SUBJECT: Municipal Code Amendment (MCA) 2023-70010
REQUEST:
To amend the Thousand Oaks Municipal Code relating to the regulation of Urban Lot Splits and Two-Unit Housi ng Developments (SB 9 Unit s) by updating Title 9, Chapter 4, Article 37, Sect ions 9-4.3703 Definitio
n of Terms, 9-4.3704 Eligibility,
9-4.3705 Urban Lot Split - Planning Permi t and Application Requirements, 9-4.3706 Urban Lot Split - St andards and Requirements, 9-4.3707 Two-Unit Housing Development – Planning Permit and Application R equirements, and 9-
4.3708 Two-Unit Housing Development – Standards and Requirements to implement recently adopted State law.
RECOMMENDATION:
That the Planning Commission adopt Res
olution (Attachment #1) based on the
findings contained therein to:
1. Find that the update of the City’s SB 9 regulations is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(k) and 66411.7(n) which specifically find that ordinances adopted to implement the provisions of Section 65852.21 (related to the regulation of Two-Unit Housing Developments) or 66411.7 (related to the regulation of Urban Lot Splits) shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code; and
2. Recommend the City Council adopt the updated Ordinance in order to comply with State law.
ATTACHMENT #1
Urban Lot Split and Two Unit Development (MCA-2023-70010) May 19, 2025
PLANNING COMMISSION REVIEW:
Under the City of Thousand Oaks Municipa l Code (TOMC) and State law, the Planning Commission is required to review, conduct a public hearing on, consider, and make recommendations to the City Council regarding the Proposed Ordinance (Attachment #2). The City C ouncil, at a subsequent pub lic hearing, will consider the Planning Commission’s recommendations and decide whether to adopt, not adopt, or adopt with modifications to the Proposed Ordinance.
BACKGROUND:
SB 9, also known as The California Housing Opportunity and More Efficiency Act, was part of the State Senate’s “Building Opportunities for All” housing package created to address the severe housing shortage in California. SB 9 was signed by Governor Newsom on September 16, 202 1, and the law went into effect on January 1, 2022. City Council adopted MCA-2022-70465, implementing SB 9 State law on October 11, 2022.
SB 9 applies to all single-family residential zoned properties within an urbanized area, with some exceptions, and requires ministerial approval of the following project types:
Urban Lot Split – A one-time subdivi sion of an existing single-family residential parcel into two parcels of roughly equal size. Two-Unit Housing Development – No more than two homes on an eligible single-family residential parcel, not including permissible accessory dwelling units (ADUs).
Projects processed pursuant to SB 9 allow for a total of up to four residential units, including ADUs, within the original property boundary of an eligible single-family residential parcel.
The law also outlines how jurisdictions may regulate SB 9 projects through objective zoning, subdivision, and desi gn standards. Such standards may not preclude the construction of up to two non-ADU dwelling units of at least 800 square feet each per eligible lot. Jurisdic tions may not apply subjective or other discretionary approval processes and may not have hearings for projects that meet the State rules.
Urban Lot Split and Two Unit Development (MCA-2023-70010) May 19, 2025
Required Changes
In September 2024, Governor Newsom signed SB 450, which took effect on January 1, 2025. Under SB 450, the City:
1. Must no longer limit the demolition of existing exterior structural walls to 25 percent.
2. May no longer impose standards on Tw o-Unit Development projects “that do not apply uniformly to development within the underlying zone” unless the standards are “more permissive”.
3. Must approve or deny a complete appl ication for an Urban Lot Split or Two- Unit Housing Development project wit hin 60 days. Any decision to deny a project must be accompanied by detailed comments. If no decision is made within that 60-day period, the application is thereby deemed approved.
4. May no longer deny an application fo r an Urban Lot Split or Two-Unit Housing Development due to specific adverse impacts to the “physical environment,” however, the City may still deny an SB 9-related application for adverse impacts on “public health and safety”.
5. May only impose standards on urban lot splits that are “related to the design or to improvements of a parcel.” (Note: The City’s existing ordinance already complies with this requirement.)
SUMMARY OF PROPOSED AMENDMENTS:
The proposed municipal code update would ensure that the process requirements and development standards are consistent with current State Law, while retaining as much local control as possible. Furt hermore, since the adoption of the original SB 9 ordinance in 2022, some opportunities for clarity, correction, and consistency have been made apparent.
The proposed changes to the existing SB 9 regulations are recommended for the following reasons:
- To implement the amendments to State law enacted by SB 450; - To otherwise bring the ordinance into compliance with existing State law; - To improve readability;
- To adjust numbering or internal references;
- To correct typographical, gramma tical, or spelling errors; - To improve consistency between sections; and
- To clarify the process required for review of SB 9-related applications.
Urban Lot Split and Two Unit Development (MCA-2023-70010) May 19, 2025
Generally speaking, the proposed revisions necessary to comply with SB 450 consist of simple text changes. However, the new provision prohibiting the City from imposing objective design standards unless they "apply uniformly to development within the underlying zone" requires the removal of the following sections:
- (Formerly) Section 9-4.3708 (f)(3):
Garage Conversions. In cases w here a new Two-Unit Housing Development dwelling unit is created through the conversion of an existing garage, the garage conversion shall include one (1) of the following options:
(i)The garage door is left operational to provide access to a storage space that is separated from the new dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operat ion of the garage door. The storage space shall not be accessible from the new dwelling unit. (ii) The garage door is removed entir ely and replaced with fenestration elements that match the form, exterior siding or finish and trim, and window placement/type of the existi ng dwelling unit. At least twenty percent (20%) of the area of all stor ies of a street-facing façade must consist of windows, doors, or other openings.
- (Formerly) Section 9-4.3708 (f)(4):
Privacy Protection. No window or door of a dwelling unit that is constructed on the lot may have a direct line of si ght to, or be within 10 feet of, an adjoining residential property wit hout privacy glass screening which prevents a direct line of sight.
- (Formerly) Section 9-4.3708 (k):
When the established front yard of a lot abuts a public street or alley or private residential street, pedestrian access to a public/private street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each dwelling unit to the adjoining sidewalk, street, or alley.
The pedestrian pathway shall be unobstruc ted, clear to the sky, and meet American with Disabilities Act (ADA) standards.
Urban Lot Split and Two Unit Development (MCA-2023-70010) May 19, 2025
However, the following new standards ar e proposed, as they apply uniformly across the eligible single-family residential zones:
- Section 9-4.3708 (f)(3):
Entry Area and Cover. Exterior entrances for new units must have a roofed projection or recess with a minimum dept h of at least five feet (5') and a minimum horizontal width of six feet (6').
- Section 9-4.3708 (k):
Pedestrian Access. Direct pedestrian access must be provided between the public sidewalk and such primary building entry.
- Section 9-4.3708 (l)(1)(i-iv):
(i) Detached garages constructed fo r the purpose of fulfilling this requirement must comply with standards required under Title 9, Chapter 4, Article 25. Height, Yard, Area, and Building Conditions and Exceptions.
(ii) Street-facing garages must not accommodate more than two (2) vehicles side by side and may consist of either one (1) or two (2) garage doors.
(iii) If the garages are attached a nd provide the one required parking space per primary dwelling unit, t hey would be considered part of the structure and subject to the setbacks required under Sec. 9-4.3708(e).
In addition to the changes required by SB 450, described above, the proposed amendment alters how SB 9 projects are regulated in the following key ways:
- Clarifies that just one unit on a single un-split vacant lot is acceptable under a Two-Unit Housing Development application;
- Simplifies the requirements to prov ide evidence that no protected trees, habitat, or special status species will be affected;
- Corrects an error in the existing or dinance, which incorrectly stated that structures could be up to 25 feet but had to remain at only one story. The language should have stated structures could be up to 25 feet and could be no more than 2 stories, and has been interpreted in this way since adoption; - Removes the exception to stor age area provision requirements; - Clarifies parking requirements fo r existing primary dwelling units; - Removes the prohibition on flag lots and no longer requires or allows shared access easements; and
- Clarifies several procedural issues, such as when onsite wastewater treatment documentation and Urban Lot Split map recordation are required; Urban Lot Split and Two Unit Development (MCA-2023-70010) May 19, 2025
The table in Attachment #3 outlines the s pecific changes made to the existing ordinance and provides a summary of the reasons for each change.
GENERAL PLAN CONSISTENCY:
The 2021-2029 Housing Element was adopted by City Council on December 5, 2023, and certified by the California De partment of Housing and Community Development (HCD) on May 29, 2024. Spec ifically, Goal LU-3 advocates for diverse housing types and housing for di fferent life stages and incomes. The construction of Two-Unit Housing Development units and processing of Urban Lot Splits supports the av ailability of smaller and potent ially more affordable housing for all age groups and low- and middle-income families. Therefore, the adoption of the updated ordinance is consistent with the General Plan.
ENVIRONMENTAL REVIEW:
The project has been determined to be ex empt from the requirements of the California Environmental Quality Act (C EQA) pursuant to California Government Code Sections 65852.21(k) and 66411.7(n) which specifically find that ordinances adopted to implement the provisions of Section 65852.21 (related to the regulation of Two-Unit Housing Developments) or 66411.7 (related to the regulation of Urban Lot Splits) shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
PUBLIC CORRESPONDENCE
Staff has not received public comments related to this municipal code amendment.
CONCLUSION:
The proposed updates to the SB 9 Ordina nce address inconsistencies between the City’s local SB 9 process requirem ents and development st andards and the amended State SB 9 laws. The proposed ordinance update will support the responsible development of new hous ing units, creating additional housing opportunities and diverse build ing types. This will help the City meet its City’s Regional Housing Needs Allocation (RHN A) while establishing development standards that preserve and protect the character of existing residential neighborhoods and maintain as much local control as permitted under the law.
PREPARED BY: Justine Kendall, Senior Planner
Urban Lot Split and Two Unit Development (MCA-2023-70010) May 19, 2025
Attachments:
Attachment #1 – Resolution
Attachment #2 – Municipal Code Amendment Ordinanc
e
Attachment #3 – Current and Proposed Text Amendments in Redline cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250519/ADU Ord Update/07A SB 9 Update MCA 2023-70010 Staff Report.docx/pz [FILE ID: MCA 2023-70010] ATTACHMENT #1
(To 05/19/2025 PC Report)
To avoid duplication the final, signed Planning Commission Resolution No. 07-2025 PC is attached.
c
dd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250519/SB 9 Ord Update/07A SB 9 Update MCA 2023-70010 Attach 1-Resolution.docx/pz [FILE ID: MCA 2023-70010]
CITY OF THOUSAND OAKS
P
LANNING COMMISSION
R
ESOLUTION NO. 07-2025 PC
A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF THOUSAND OAKS
RECOMMENDING APPROVAL OF A MUNICIPAL
CODE AMENDMENT AMENDING THE THOUSAND
OAKS MUNICIPAL CODE RELATING TO THE
REGULATION OF URBAN LOT SPLITS AND TWO -
UNIT HOUSING DEVELOPMENTS (SB 9 UNITS) BY
UPDATING TITLE 9, CHAPTER 4, ARTICLE 37 ,
SECTIONS 9- 4.3703 DEFINITION OF TERMS, 9 -
4.3704 ELIGIBILITY, 9 -4.3705 URBAN LOT SPLIT -
PLANNING PERMIT AND APPLICATION
REQUIREMENTS, 9 -4.3706 URBAN LOT SPLIT -
STANDARDS AND REQUIREMENTS, 9 -4.3707
TWO-UNIT HOUSING DEVELOPMENT – PLANNING
PERMIT AND APPLICATION REQUIREMENTS, AND
9-4.3708 TWO -UNIT HOUSING DEVELOPMENT -
STANDARDS AND REQUIREMENTS TO
IMPLEMENT ADOPTED STATE LAW
A
pplication: MCA-2023-70010
A
pplicant: City of Thousand Oaks
Loc
ation: Citywide
S
ECTION 1
T
he Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:
W
HEREAS, the State has identified housing shortage as an issue of statewide significance, and the California legislature has enacted a series of laws to streamline housing production;
W
HEREAS in 2021, Senate Bill 9 was enacted on September 16, 2021, and became effective January 1, 2022. The State of California, by the enactment of Senate Bill 9, add ed Government Code Sections 65852.21 and 66411.7 to mandate that cities and counties allow, by ministerial action, the division of an
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250519/SB 9 Ord Update/07A SB 9 Update MCA 2023-70010 Attach 1-Resolution.docx/pz [FILE ID: MCA 2023-70010]
existing parcel into two-parcels (Urban Lot Splits) and/or the construction of up to two-dwelling units (Two-Unit Housing Developments) where proposed on a parcel within a single-family residential zone; and
WHEREAS, on October 22, 202 2 an ordinance of the City Council of the City of Thousand Oaks was adopted, amending the Thousand Oaks Municipal Code by adding Article 37 to Title 9, Chapter 4; modifying Sections 9- 4.202 and 9-4.2202; and adding Section 9-3.305 to Title 9, Chapter 3, Article 3 to update the city’s zoning regulations to implement 2021 Senate Bill No. 9 (SB 9), including the addition of a ministerial process for the approval of urban lot splits and two- unit housing developments (MCA-2022-70465);
WHEREAS, on September 26, 2023, the City Council adopted a resolution declaring the intention to consider amendments to the Thousand Oaks Municipal Code to update certain regulations regarding SB -9 (The California H OME Act) through MCA 2023-70005; as well as other amendments to the Thousand Oaks Municipal Code;
WHEREAS, in September 2024, Senate Bill (SB) 450 was signed into law by the Governor to make a number of changes to State law governing two-unit housing development and urban lot splits;
WHEREAS, the Planning Commission finds that the update of the City’s SB 9 regulations is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to California Government Code Sections 65852.21(k) and 66411.7(n) which specifically find that ordinances adopted to implement the provisions of Section 65852.21 (related to the regulation of Two- Unit Housing Developments) or 66411.7 (related to the regulation of Urban Lot Splits) shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code;
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 19 th day of May 2025, conduct a duly -advertised public hearing as prescribed by law to consider said Amendments; and
WHEREAS, at the May 19, 2025, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and arguments were heard from all interested parties appearing in the matter.
NOW, THEREFORE, BE IT RESOLVED that said MCA- 2023-70010 is recommended to City Council for approval.
c
dd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250519/SB 9 Ord Update/07A SB 9 Update MCA 2023-70010 Attach 1-Resolution.docx/pz [FILE ID: MCA 2023-70010]
SECTION 2
W
HEREAS, the findings of the Planning Commission for recommending approval of said Municipal Code Amendment application MCA-2023-70010 are as follows:
1. “
The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan” per TOMC Sec. 9-
4.2803(c)(1).
T
he proposed Municipal Code Amendment (MCA) is consistent with the following Goals and Policies of General Plan 2045, including Goal LU -3 of the Land Use Element (Policies 3.1 and 3.2) and Goal 1 of the 2021- 2029 Housing Element. Goal LU -3 advocates for diverse housing types and housing for different life stages and incomes. Similarly, Goal 1 of the Housing Element encourages the provision of a wide range of housing opportunities for persons of all income levels. The construction of Two-Unit Housing Development units supports the availability of housing which may be more appropriate, affordable for all age groups and low - and middle- income families. The development of these units will contribute towards the production of a wide range of housing opportunities for persons of all income levels in the community and contribute to the City’s Regional Housing Needs Assessment allocation. Therefore, the proposed MCA is consistent with City’s adopted General Plan 2045 and 2021- 2029 Housing Element and is necessary to maintain certification of the City’s 2021- 2029 Housing Element.
2. “
The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code” per TOMC Sec. 9-
4.2803(c)(2).
T
he MCA, which amends the Thousand Oaks Municipal Code Title 9 , is consistent with the City policies that have not been preempted by SB 9.
Specifically, this MCA consists of regulatory amendments to create and clarify standards to implement and comply with State law requirements .
Therefore, t he proposed MCA, which brings all City regulations into compliance with SB 9, is consistent with all applicable laws, regulations, and policies.
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250519/SB 9 Ord Update/07A SB 9 Update MCA 2023-70010 Attach 1-Resolution.docx/pz [FILE ID: MCA 2023-70010]
3. “The project will not be detrimental to the public health, safety or general welfare” per TOMC Sec. 9-4.2803(c)(3).
The proposed MCA consists of amending the current zoning regulations to create new application requirements and standards for Urban Lot Splits and Two-Unit Housing Developments . There is no associated physical development proposed as part of this Municipal Code amendment. Any new construction or major alteration/addition that would result from the adoption of this MCA is required to undergo its own separate review as part of the process outlined as part of the MCA.
By adopting this MCA to implement mandated updates to SB 9 regulation, the City is ensuring that local control is achieved to the best of the City’s ability. The MCA will allow the City to regulate SB 9 projects, where allowed under the new State law by, among other things, regulating building height, usable open space, grading allowed, impacts to protected trees, front yard setbacks and required parking to maintain consistency with existing standards for single -family residential development , and providing clear procedures under which a project could be denied because of a specific adverse impact to public health and safety.
Therefore, the proposed project will not be detrimental to the public health, safety or general welfare.
4. “The project has been reviewed in conformance with the provisions of the California Environmental Quality Act” per TOMC Sec. 9-4.2803(4).
Under California Government Code Sections 65852.21(j) and 66411.7(n), the adoption of an ordinance by a City or county implementing the provisions of Government Code Sections 66411.7 and 65852.21 is not a project and therefore exempt from the requirements of the California Environmental Quality Act (CEQA). Therefore, the Ordinance is exempt from CEQA in that the proposed Ordinance implements these new laws enacted by SB 9.
In addition, Sections 65852.21(a) and 66411.7(a) of the California Government Code (as amended by SB 9) state that any new construction that would result from the adoption of this Ordinance is ministerial and therefore exempt from CEQA.
_)
SECTION 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that City Council approve the Municipal Code Amendment MCA- 2023-70010 set forth and attached hereto as Exhibit A and made a part hereof.
I HEREBY CERTIFY that the foregoing resolution reflects action taken by the Planning Commission of the City of Thousand Oaks at a regular meeting held on the 19th day of May 2025, by the following vote:
AYES: Commissioners Buss, Tyler Ketelhut, Lanson, McMahon, and Chair Farris
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission
¾
Fabiola Zelaya licher, Secretary
Planning Commission
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda PackeU2025/20250519/SB 9 Ord Update/07A SB 9 Update MCA 2023-70010 Attach 1-Resolution.docx/pz [FILE ID: MCA 2023-70010]
To avoid duplication, see City Council 08/26/2025 Staff Report Attachment #2 Ordinance.
EXHIBIT A
DRAFT ORDINANCE
ATTACHMENT #2
(To 05/19/2025 PC Report)
To avoid duplication, see City Council 08/26/2025 Staff Report Attachment #2 Ordinance.
Table 1: Current and Proposed Text Amendments in Redline Code Reference Current TOMC Language Proposed Change Reason for Change Title 9, Chapter 4,
Section 9-4.3703
Definition of Terms
“Flag Lot” shall mean a lot which
has at least six (6) courses or sides,
at least three (3) of which form a
staff which abuts a public or private
access way and provides access to
the rest of the lot.
“Flag Lot” shall mean a lot which
has at least six (6) courses or
sides, at least three (3) of which
form a staff which abuts a public or
private access way and provides
access to the rest of the lot.
This language is removed to
defer to the definition of a flag
lot found in Sec. 9-3.206. Flag
lot.
Title 9, Chapter 4,
Section 9-4.3703
Definition of Terms
“Two-Unit Housing Development”
shall mean a housing development
consisting of no more than two
dwelling units which are developed
using the provisions of this Article or
the provisions set forth in California
Government Code Sections
65852.21 and/or 66411.7. The two
units may consist of two new units
or one new unit and one existing
unit.
“Two-Unit Housing Development”
shall mean a housing development
consisting of no more than two
dwelling units which are developed
using the provisions of this Article
or the provisions set forth in
California Government Code
Sections 65852.21 and/or
66411.7. The two units may
consist of two new units or one
new unit and one existing unit.
Two-Unit Housing
Development projects may
propose to build just one unit
on a vacant lot.
Title 9, Chapter 4,
Section 9-4.3704
Eligibility(a)
Applicable Zone: The property is
located within one of the following
single-family residential zones: R -
1, R-A, R-E, R-O, or those HPD and
RPD zones in which the
predominate existing development
is single-family residential.
Applicable Zone: The property is
located within one of the following
single-family residential zones: R -
1, R -A, R -E, R -O, or those HPD
and RPD zones in which the
predominate existing development
is single-family residential. The lot
is in a single- family residential
zone. For purposes of this section,
a single-family residential zone is a
zone where the only residential
use that is allowed as a primary
use is a single-residential dwelling
on a lot.
This change clarifies the
zones in which properties may
be eligible to be developed or
split using SB 9.
ATTACHMENT #3
(To 05/19/2025 PC Report)
Title 9, Chapter 4,
Section 9-4.3704
Eligibility(b)
Affordable Housing or Rental
Property Protection. Neither the
Urban Lot Split nor any associated
housing development shall require
demolition or alteration of any of the
following:
Affordable Housing or Rental
Property Protection. Neither tT he
Urban Lot Split nor any associated
housing development shall must
not require or include the
demolition or alteration of any of
the following types of housing:
This language is edited for
readability.
Title 9, Chapter 4,
Section 9-4.3704
Eligibility(c)
(c) Demolition of Existing Housing.
No more than twenty -five percent
(25%) of the existing exterior
structural walls of the dwelling unit
may be demolished, unless the site
has not been occupied by tenants
within the last three (3) years.
(c) Demolition of Existing Housing.
No more than twenty -five percent
(25%) of the existing exterior
structural walls of the dwelling unit
may be demolished, unless the
site has not been occupied by
tenants within the last three (3)
years.
This language has been struck
from state law per SB 450.
Title 9, Chapter 4,
Section 9-4.3704
Eligibility(d)
(d) Restricted Land. The property
shall not be located, in full or in part,
in any of the following areas and
shall not fall within any of the
following categories:
(1) Historic. An historic district
or property included on the State
Historic Resources Inventory, as
defined in Section 5020.1 of the
Public Resources Code, or within a
site that is designated or listed as a
city or county landmark or historic
property or district pursuant to a city
or county ordinance, respectively.
(2) Farmland. Prime farmland
or farmland of statewide
importance as further defined in
Government Code Section
65913.4(a)(6)(B).
(dc) Restricted Land. The property
shall not be located, in full or in
part, in any of the following areas
and shall not fall within any of the
following categories:
(1) Historic. An historic district
or property included on the State
Historic Resources Inventory, as
defined in Section 5020.1 of the
Public Resources Code, or within
a site that is designated or listed as
a city or county landmark or
historic property or district
pursuant to a city or county
ordinance, respectively.
(2) Farmland. Prime farmland
or farmland of statewide
importance as further defined in
Government Code Section
65913.4(a)(6)(B).
This section is renumbered
due to the above deletion and
edited to correct minor
grammatical and spelling
errors.
(3) Wetlands. Wetlands as
defined in the Unites States Fish
and Wildlife Service Manual, Part
660 FW 2 (June 21, 1993).
(3) Wetlands. Wetlands as
defined in the United s States Fish
and Wildlife Service Manual, Part
660 FW 2 (June 21, 1993).
Title 9, Chapter 4,
Section 9-4.3705
Urban Lot Split -
Planning Permit and
Application
Requirements(a)
Concurrent Submittal. An Urban Lot
Split lot application may not be
accepted except in conjunction with
a concurrently submitted
application for residential
development on the newly created
parcel (if the property has an
existing residence) or on both
parcels (if the property is vacant)
unless a Two- Unit Housing
Development project has already
been approved on the subject
property.
Concurrent Submittal. An Urban
Lot Split lot application may not be
accepted except in conjunction
with a concurrently submitted
application for residential
development on the newly created
parcel (if the property has an
existing residence) or on both
parcels (if the property is vacant)
unless a Two- Unit Housing
Development project has already
been approved on the subject
property. In instances where both
applications have been submitted,
a Building Permit shall not be
issued for a Two- Unit Housing
Development until the Urban Lot
Split tentative parcel map is
recorded, unless the Two-Unit
Housing Development is
permissible without the Urban Lot
Split and the number of units will
not exceed the number of overall
units allowed according to
Government Code section
66411.7, subd. (j).
This change clarifies the order
of operations when both a
Two-Unit Housing
Development and Urban Lot
Split are requested and
approved.
Title 9, Chapter 4,
Section 9-4.3705
Urban Lot Split -
Planning Permit and
Application
Requirements(b)
Application. The applicant must
submit an application for a tentative
parcel map in compliance with Title
9, Chapter 3, Article 5. An
application for an Urban Lot Split
must be submitted on the City’s
Application. The applicant must
submit an application for a
tentative parcel map in compliance
with Title 9, Chapter 3, Article 5. An
application for an Urban Lot Split
must be submitted on the City’s
This change implements new
processing time limitations
required by SB 450.
approved form. Only a complete
application will be considered. The
City will inform the applicant in
writing of any incompleteness
within 30 days after the application
is submitted.
approved form. Only a complete
application will be considered. The
City will inform the applicant in
writing of any ways in which the
application remains
incompleteness within 30 days
after the application is submitted.
(1) An application for an Urban
Lot Split shall be considered and
approved or denied within 60 days
from the date the City receives a
completed application. If the City
has not approved or denied the
completed application within 60
days, the application sh all be
deemed approved.
(2) If the City denies an
application for an Urban Lot Split
pursuant to subparagraph (1), the
City shall, within the time period
described in subparagraph (1),
return in writing a full set of
comments to the applicant with a
list of items that are defective or
deficient and a description of how
the application can be remedied by
the applicant.
Title 9, Chapter 4,
Section 9-4.3705
Urban Lot Split -
Planning Permit and
Application
Requirements(c)
Expiration of Approval. An Urban
Lot Split approved pursuant to this
Section that is not recorded within
two (2) years of the date of approval
shall expire and become void,
except where an extension of time
application is submitted by the
property owner an d approved by
the Community Development
Expiration of Approval. An Urban
Lot Split approved pursuant to this
Section that is not recorded within
twothree (23) years of the date of
approval shall expire and become
void, except where an extension of
time application is submitted by
the property owner and approved
by the Community Development
This change brings expiration
date determination into
compliance with state law,
which requires compliance
with the Subdivision Map Act
(Section 9-3.704 of the
TOMC).
Director or designee. A maximum
extension of one (1) year may be
approved by the Community
Development Director or designee.
Director or designee. A maximum
extension of one (1) yeartwo 24-
month periods may be approved
by the Community Development
Director or designee.
Title 9, Chapter 4,
Section 9-4.3705
Urban Lot Split -
Planning Permit and
Application
Requirements(e)(2)
Legal lot. Applicant must submit
verification that existing property is
a legal lot at time of filing
application.
Legal lot. Applicant must submit
verification that the existing
property is a legal lot at time of
filing application.
This change corrects a
grammatical error.
Title 9, Chapter 4,
Section 9-4.3705
Urban Lot Split -
Planning Permit and
Application
Requirements(e)(4)
Protected Tree Report. If there are
no protected trees within the vicinity
of the project property, a
memorandum stating such shall be
prepared by a landscape architect
or certified arborist and provided at
the time of submittal. If there are
protected tre es on or within the
vicinity of the project property a site
plan and memorandum prepared
by a certified arborist must be
provided at the time of submittal.
Protected Tree Report. A written
statement affirming that If there
are no protected trees within the
vicinity of the project property , a
memorandum stating such shall
be prepared by a qualified
biologist, landscape architect, or
certified arborist and provided at
the time of submittal. If there are
protected trees on or within the
vicinity of the project property , a
site plan and memorandum
prepared by a certified arborist
must be provided at the time of
submittal.
These changes allow for the
potential for the same party to
provide both the Protected
Tree Report and Biologist
Statement of No Protected
Habitat, rather than requiring
the applicant to hire two
different parties.
Title 9, Chapter 4,
Section 9-4.3705
Urban Lot Split -
Planning Permit and
Application
Requirements(e)(5)
Biologist Statement of No Protected
Habitat. A written statement
affirming that there is no habitat for
protected species identified as
candidate, sensitive, or species of
special status by state or federal
agencies, fully protected species,
or species protected by the federal
Endangered Species Act of 1973
Biologist Statement of No
Protected Habitat. A written
statement affirming that there is no
habitat for protected species
identified as candidate, sensitive,
or species of special status by
state or federal agencies, fully
protected species, or species
protected by the federal
(16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act
[Chapter 1.5 (commencing with
Section 2050) of Division 3 of the
Fish and Game Code], or the
Native Plant Protection Act
[Chapter 10 (commencing with
Section 1900) of Division 2 of the
Fish and Game Code] within the
vicinity of the project property shall
be prepared by a qualified biologist,
or resource expert and provided at
the time of submittal. If the
presence of any species or habitat
for protected species described
above is detected on site, the
property is not eligible for an Urban
Lot Split, pursuant to Sec. 9-
4.3704(d)(10).
Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species
Act [Chapter 1.5 (commencing
with Section 2050) of Division 3 of
the Fish and Game Code], or the
Native Plant Protection Act
[Chapter 10 (commencing with
Section 1900) of Division 2 of the
Fish and Game Code] within the
vicinity of the project property shall
be prepared by a qualified
biologist, landscape architect, or
other resource expert and
provided at the time of submittal. If
the presence of any species or
habitat for protected species
described above is detected on
site, the property is not eligible for
an Urban Lot Split, pursuant to
Sec. 9-4.3704(d)(10).
Title 9, Chapter 4,
Section 9-4.3705
Urban Lot Split -
Planning Permit and
Application
Requirements(f)(2)
That the individual property owner
(or the beneficiary of a trust that is
an individual property owner)
intends to occupy one of the
housing units on either of the lots
created by the Urban Lot Split as
their principal residence and legal
domicile for a minimum of three (3)
years from the date of approval.
This requirement shall not apply
when the owner is a “community
land trust” or a “qualified nonprofit
corporation” as the same are
defined in the Revenue and
Taxation Code.
That the individual property owner
(or the beneficiary of a trust that is
an individual property owner)
intends to occupy one of the
housing units on either of the lots
created by the Urban Lot Split as
their principal residence and legal
domicile for a minimum of three (3)
years from the date of approval of
the Urban Lot Split . This
requirement shall not apply when
the owner is a “community land
trust” or a “qualified nonprofit
corporation” as the same are
defined in the Revenue and
Taxation Code.
This change provides clarity
and improves readability
Title 9, Chapter 4,
Section 9-4.3706
Urban Lot Split -
Standards and
Requirements(a)
Exceptions. No Urban Lot Split
shall be approved if any of the
following apply:
(1) Prior Division. The lot
subject to the proposed Urban Lot
Split was established through prior
exercise of an Urban Lot Split under
the provisions of this Section or the
provisions set forth in California
Government Code Section
66411.7;
(2) Adjacent Division. Any
adjacent lot to the proposed Urban
Lot Split was previously subdivided
under the provisions of this Section
or the provisions set forth in
California Government Code
Sections 66411.7 by the owner of
the subject lot or any person acting
in concert with the owner of the
subject lot;
(3) Flag Lot. The lot created by
an Urban Lot Split shall result in a
flag lot; or
(4) Adverse Impact. The
Building Official makes a written
finding, based upon a
preponderance of the evidence,
that the proposed housing
development project would have a
specific, adverse impact, as defined
and determined in paragraph (2) of
subdivision (d
) of Government
Code Section 65589.5, upon public
health and safety or the physical
environment and for which there is
Exceptions. No Urban Lot Split
shall be approved if any of the
following apply:
(1) Prior DivisionUrban Lot
Split. The lot subject to the
proposed Urban Lot Split was
established through prior exercise
of an Urban Lot Split under the
provisions of this Section or the
provisions set forth in California
Government Code Section
66411.7;
(2) Adjacent Division. Any
adjacent lot to the proposed Urban
Lot Split was previously
subdivided under the provisions of
this Section or the provisions set
forth in California Government
Code Sections 66411.7 by the
owner of the subject lot or any
person acting in concert with the
owner of the subject lot; or
(3) Flag Lot. The lot created by
an Urban Lot Split shall result in a
flag lot; or
(43) Adverse Impact. The
Building Official makes a written
finding, based upon a
preponderance of the evidence,
that the proposed housing
development project would have a
specific, adverse impact, as
defined and determined in
paragraph (2) of subdivision (d) of
Government Code Section
65589.5, upon public health and
These changes reflect
amendments to state law
implemented by SB 450.
no feasible method to satisfactorily
mitigate or avoid the specific
adverse impact.
safety or the physical environment
and for which there is no feasible
method to satisfactorily mitigate or
avoid the specific adverse impact.
Title 9, Chapter 4,
Section 9-4.3706
Urban Lot Split -
Standards and
Requirements(n)(1)
(1) Vehicular access to a
public/private street or alley shall be
provided by a driveway that
complies with the minimum width,
slope, materials, and other
standards as required by the latest
Public Works street design
standards and Ventura County Fire
Department.
(1) Vehicular access to a
public/private street or alley shall
be provided by a driveway that
complies with the minimum width,
slope, materials, and other
standards as required by the latest
Public Works street design
standards and Ventura County
Fire Department.
(1) Each lot containing
dwelling units created pursuant to
this Article shall have existing
access, provide new access, or
adjoin the public/private residential
street right-of-way via the existing
or a consolidated vehicular
connection.
(2) Vehicular access to a
public street or alley or private
residential street shall be provided
by a driveway that complies with
the minimum width, length, slope,
materials, and other standards
consistent with Public Works
Department and Ventura County
Fire Department standards.
Parked vehicles on a driveway
shall not encroach into the Public
Right-of-Way.
(3) No new access from an
arterial street is permitted in
This change makes vehicular
access requirements
consistent between the Urban
Lot Split and Two-Unit Housing
Development sections.
connection with a dwelling unit
created pursuant to this Article.
(4) In addition to the standards
set forth in this Section, driveways
and parking areas must comply
with Sec. 9- 4.2404 ”General
installation requirements of
parking areas” unless where in
conflict with this section.
Title 9, Chapter 4,
Section 9-4.3706
Urban Lot Split -
Standards and
Requirements(n)(2)
(2) Shared Access. Landlocked
lots created by an Urban Lot Split
shall have an access easement
over the other lot on the same map.
The easement shall be wide
enough to provide adequate
vehicular access per (1), above,
and must connect to the same curb
cut and apron as the other lot on the
same map.
(2) Shared Access. Landlocked
lots created by an Urban Lot Split
shall have an access easement
over the other lot on the same
map. The easement shall be wide
enough to provide adequate
vehicular access per (1), above,
and must connect to the same
curb cut and apron as the other lot
on the same map.
This language is removed as
flag lots are no longer
prohibited, and the creation of
landlocked lots is no longer
permitted.
Title 9, Chapter 4,
Section 9-4.3707 Two-
Unit Housing
Development –
Planning Permit and
Application
Requirements(a)
Application. Whenever a Two -Unit
Housing Development is proposed
as a project, an application shall be
submitted to the Community
Development Department on a
form provided by said department
along with supporting information
as required by said department.
Only a complete application will be
considered. The City will inform the
applicant in writing of any
incompleteness within 30 days after
the application is submitted.
Application. Whenever a Two-Unit
Housing Development is proposed
as a project, an application shall
be submitted to the Community
Development Department on a
form provided by said department
along with supporting information
as required by said department.
Only a complete application will be
considered. The City will inform
the applicant in writing of any ways
in which the application remains
incompleteness within 30 days
after the application is submitted.
(1) An application for a
proposed housing development
pursuant to this section shall be
This change implements new
processing time limitations
required by SB 450.
considered and approved or
denied within 60 days from the
date the City receives a completed
application. If the City has not
approved or denied the completed
application within 60 days, the
application shall be deemed
approved.
(2) If the City denies an
application for a proposed housing
development pursuant to
paragraph (1), the City shall, within
the time period described in
paragraph (1), return in writing a
full set of comments to the
applicant with a list of items that
are d efective or deficient and a
description of how the application
can be remedied by the applicant.
Title 9, Chapter 4,
Section 9-4.3707 Two-
Unit Housing
Development –
Planning Permit and
Application
Requirements (b)
Expiration of Approval. A Two -Unit
Housing Development permit
approved pursuant to this Section
that allows construction which has
not commenced or is not diligently
pursued within three (3) years from
the date of approval shall expire
and become void, unl ess a time
extension application is submitted
by the property owner and
approved by the Community
Development Director or designee.
A maximum extension of 12 months
may be approved by the
Community Development Director
or designee.
Expiration of Approval. A Two-Unit
Housing Development permit
approved pursuant to this Section
that allows construction which has
not commenced or is not diligently
pursued within three (3) years from
the date of approval shall expire
and become void, unl ess a time
extension application is submitted
by the property owner and
approved by the Community
Development Director or
designee. A maximum extension of
12 two 24 months periods may be
approved by the Community
Development Director or
designee.
This change makes expiration
dates consistent between SB
9 application types.
Title 9, Chapter 4,
Section 9-4.3707 Two-
Unit Housing
Development –
Planning Permit and
Application
Requirements (d)(4)
Protected Tree Report. If there are
no protected trees within the vicinity
of the project property a
memorandum stating such shall be
prepared by a landscape architect
or certified arborist and provided at
the time of submittal. If there are
protected tree s on or within the
vicinity of the project property a site
plan and memorandum prepared
by a certified arborist must be
provided at the time of submittal.
Protected Tree Report. A written
statement affirming that If there
are no protected trees within the
vicinity of the project property a
memorandum stating such shall
be prepared by a qualified
biologist, landscape architect, or
certified arborist and provided at
the time of submittal. If there are
protected trees on or within the
vicinity of the project property a
site plan and memorandum
prepared by a certified arborist
must be provided at the time of
submittal.
These changes allow for the
potential for the same party to
provide both the Protected Tre
Report and Biologist
Statement of No Protected
Habitat, rather than requiring
the applicant to hire two
different parties.
Title 9, Chapter 4,
Section 9-4.3707 Two-
Unit Housing
Development –
Planning Permit and
Application
Requirements (d)(5)
Biologist Statement of No Protected
Habitat. A written statement
affirming that there is no habitat for
protected species identified as
candidate, sensitive, or species of
special status by state or federal
agencies, fully protected species,
or species protected by the federal
Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act
[Chapter 1.5 (commencing with
Section 2050) of Division 3 of the
Fish and Game Code], or the
Native Plant Protection Act
[Chapter 10 ( commencing with
Section 1900) of Division 2 of the
Fish and Game Code] within the
vicinity of the project property shall
be prepared by a qualified biologist,
Biologist Statement of No
Protected Habitat. A written
statement affirming that there is no
habitat for protected species
identified as candidate, sensitive,
or species of special status by
state or federal agencies, fully
protected species, or species
protected by the federal
Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species
Act [Chapter 1.5 (commencing
with Section 2050) of Division 3 of
the Fish and Game Code], or the
Native Plant Protection Act
[Chapter 10 ( commencing with
Section 1900) of Division 2 of the
Fish and Game Code] within the
vicinity of the project property shall
or resource expert and provided at
the time of submittal. If the
presence of any species or habitat
for protected species described
above is detected on site, the
property is not eligible for a Two-
Unit Housing Development,
pursuant to Sec. 9-4.3704(d)(10).
be prepared by a landscape
architect, qualified biologist, or
other resource expert and
provided at the time of submittal. If
the presence of any species or
habitat for protected species
described above is detected on
site, the property is not eligible for
a Two-Unit Housing Development,
pursuant to Sec. 9-4.3704(d)(10).
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (a)(1)
Denial. No two -unit housing
development shall be approved if
the Building Official makes a written
finding, based upon a
preponderance of the evidence,
that the proposed housing
development project would have a
specific, adverse impact, as defined
and determined in paragraph (2) of
subdivision (d) of Government
Code Section 65589.5, upon public
health and safety or the physical
environment and for which there is
no feasible method to satisfactorily
mitigate or avoid the specific,
adverse impact.
DenialAdverse Impact. No two-unit
housing development shall be
approved if the Building Official
makes a written finding, based
upon a preponderance of the
evidence, that the proposed
housing development project
would have a specific, adverse
impact, as defined and determined
in paragraph (2) of subdivision (d)
of Government Code Section
65589.5, upon public health and
safety or the physical environment
and for which there is no feasible
method to satisfactorily mitigate or
avoid the specific, adverse impact.
This change creates
consistency between sections
and removes language no
longer allowed per SB 450.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (c)(5)
Two (2) newly constructed attached
units (duplex) or two detached
residential units on a vacant lot.
Two (2) newly constructed
attached units (duplex) or up to
two detached residential units on a
vacant lot.
This change allows a minimum
of one unit on a vacant lot,
including a new vacant lot
created through the Urban Lot
Split application process.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (d)(1)
No structure containing a dwelling
unit may exceed 25 feet in height
and be more than 1 story, except for
those circumstances described in
Sec. 9-4.3708(d)(2), below.
No structure containing a dwelling
unit may exceed 25 feet in height
and be more than 1 story2 stories,
except for those circumstances
described in Sec. 9-4.3708(d)(2),
below.
This change is correcting an
existing error in the ordinance
which incorrectly stated that
structures could be up to 25
feet but had to remain at only
one story.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (e)(3)(ii)
The front setback of a property that
fronts on a street shall be as set
forth by the base district, specific
plan, or overlay district regulations.
For landlocked lots, the front yard
setback shall be four (4) feet.
The front setback of a property that
fronts on a street shall be as set
forth by the base district, specific
plan, or overlay district regulations.
For landlocked lots
new flag lots,
as defined in Section 9-3.206,
created pursuant to this article, the
front yard setback shall be four (4)
feet.
This change accommodates
the above changes allowing
flag lots.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (e)(3)(ii)
On lots fronting and gaining
vehicular access from a public or
private street, the single- family or
duplex residential building entry
must face the street or be oriented
to within 45 degrees of parallel to
the street. Where a site is located
on two or more public streets, the
residential building entry must be
oriented toward the street with the
shorter of the two street frontages.
On lots fronting and gaining
vehicular access from a public or
private street, the single-family or
duplex residential building entry
must face the street or be oriented
to within 45 degrees of parallel to
the street
from which direct
vehicular or pedestrian access is
gained. Where a site is located on
two or more public streets, the
residential building entry must be
oriented toward the street with the
shorter of the two street frontages.
This change improves
readability.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (e)(4)
Sight Distance. Intersection sight
distance shall be provided per the
applicable City Road Standard
Plate. Side and rear yard
development, including fencing
shall not exceed three and a half
Sight Distance. Intersection and
driveway sight distance shall be
provided per the applicable City
Road Standard Plate. Side and
rear yard development, including
fencing shall not exceed a height
This change corrects sight
distance requirements to be
consistent with requirements
for other residential
developments.
(3.5) feet within the sight distance
triangle.
of three and a half (3.5) feet within
the sight distance triangle.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (f)(2)
Storage Area. Private storage area
for each dwelling unit must be
provided with a minimum of one
hundred sixty (160) cubic feet of
enclosed storage area, which must
be provided in garages, carports or
patio areas and in which one
dimension must be at least six feet
(6'). Units or projects designed with
individual garages for each unit are
exempt from this requirement.
Storage Area. Private storage area
for each dwelling unit must be
provided with a minimum of one
hundred sixty (160) cubic feet of
enclosed storage area, which must
be provided in garages, carports or
patio areas and in which one
dimension must be at least six feet
(6'). Units or projects designed
with individual garages for each
unit are exempt from this
requirement.
The exemption is removed as
enclosed parking is required
for all units.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (f)(3)
and (4)
(3) Garage Conversions. In cases
where a new Two-Unit Housing
Development dwelling unit is
created through the conversion of
an existing garage, the garage
conversion shall include one (1) of
the following options:
(i) The garage door is left
operational to provide access to a
storage space that is separated
from the new dwelling unit by an
interior partition wall. The partition
wall shall not be constructed in
such a manner as to fully or partially
prevent the operation of the garage
door. The storage space shall not
be accessible from the new
dwelling unit.
(ii) The garage door is removed
entirely and replaced with
fenestration elements that match
the form, exterior siding or finish
Garage Conversions. In cases
where a new Two- Unit Housing
Development dwelling unit is
created through the conversion of
an existing garage, the garage
conversion shall include one (1) of
the following options:
(i) The garage door is left
operational to provide access to a
storage space that is separated
from the new dwelling unit by an
interior partition wall. The partition
wall shall not be constructed in
such a manner as to fully or
partially prevent the operation of
the garage door. The storage
space shall not be accessible from
the new dwelling unit.
(ii) The garage door is removed
entirely and replaced with
fenestration elements that match
the form, exterior siding or finish
The garage conversion and
privacy glass standards are
not required by any underlying
zones and therefore cannot be
included, per SB 450. Those
requirements have been
replaced by entry area and
cover standards which are
included in the Article 22,
Objective Design Standards,
which do apply to the
underlying zones.
and trim, and window
placement/type of the existing
dwelling unit. At least twenty
percent (20%) of the area of all
stories of a street- facing façade
must consist of windows, doors, or
other openings.
(4) Privacy Protection. No
window or door of a dwelling unit
that is constructed on the lot may
have a direct line of sight to, or be
within 10 feet of, an adjoining
residential property without privacy
glass screening which prevents a
direct line of sight.
and trim, and window
placement/type of the existing
dwelling unit. At least twenty
percent (20%) of the area of all
stories of a street- facing façade
must consist of windows, doors, or
other openings.
(4) Privacy Protection. No
window or door of a dwelling unit
that is constructed on the lot may
have a direct line of sight to, or be
within 10 feet of, an adjoining
residential property without privacy
glass screening which prevents a
direct line of sight.
(3) Entry Area and Cover. Exterior
entrances for new units must have
a roofed projection or recess with
a minimum depth of at least five
feet (5') and a minimum horizontal
width of six feet (6').
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (j)(2)
Vehicular access to a public street
or alley or private residential street
shall be provided by a driveway that
complies with the minimum width,
slope, materials, and other
standards consistent with Public
Works Department and Ventura
County Fire Department standards.
Vehicular access to a public street
or alley or private residential street
shall be provided by a driveway
that complies with the minimum
width, length, slope, materials, and
other standards consistent with
Public Works Department and
Ventura County Fire Department
standards.
This change clarifies the
scope of the standard.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (j)(4)
In addition to the standards set forth
in this Section, driveways and
parking areas must comply with
Sec. 9-4.2404 "General installation
requirements of parking areas”.
In addition to the standards set
forth in this Section, driveways and
parking areas must comply with
Sec. 9- 4.2404 "General
installation requirements of
parking areas” unless where in
conflict with this section.
This change clarifies the
scope of the standard.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (k)
Pedestrian Access. When the
established front yard of a lot abuts
a public street or alley or private
residential street, pedestrian
access to a public/private street or
alley shall be provided with an
exterior pedestrian pathway from
the primary entrances of each
dwelling unit to the adjoining
sidewalk, street, or alley. The
pedestrian pathway shall be
unobstructed, clear to the sky, and
meet American with Disabilities Act
(ADA) standards.
Pedestrian Access. When the
established front yard of a lot abuts
a public street or alley or private
residential street, pedestrian
access to a public/private street or
alley shall be provided with an
exterior pedestrian pathway from
the primary entrances of each
dwelling u nit to the adjoining
sidewalk, street, or alley. The
pedestrian pathway shall be
unobstructed, clear to the sky, and
meet American with Disabilities
Act (ADA) standards. Direct
pedestrian access must be
provided between the public
sidewalk and such primary
building entry.
This change makes the
language requiring a
pedestrian pathway consistent
with the language used in
Article 22 Objective Design
Standards.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (l)(1)
Off-Street Parking Required. A
minimum of one enclosed parking
space with an unencumbered
interior width of nine (9') feet and an
unencumbered interior depth of
twenty (20') feet per unit shall be
provided, unless the construction of
such a structure precl
udes the
construction of the minimum
allowed two units of 800 square feet
or less, in which case the required
Offs-Street Parking Required. A
minimum of one enclosed parking
space with an unencumbered
interior width of nine (9') feet and
an unencumbered interior depth of
twenty (20') feet per primary
dwelling unit to remain or be
constructed shall be provided,
unless the construction of such a
structure precludes the
construction of the minimum
This change clarifies
replacement parking required
for existing primary dwelling
units and adds new standards
for garages associated with
Two-Unit Housing
Development Projects.
parking may be unenclosed. The
floor area of an enclosed parking
structure (up to the minimum area
required only) shall not count
towards the total square footage of
the proposed unit.
allowed two units of 800 square
feet or less, in which case the
required parking may be
unenclosed. The floor area of an
enclosed parking structure (up to
the minimum area required only)
shall not count towards the total
square footage of the proposed
unit.
(i) Detached garages
constructed for the purpose of
fulfilling this requirement must
comply with standards required
under Title 9, Chapter 4, Article 25.
Height, Yard, Area, and Building
Conditions and Exceptions.
(iii) Street-facing garages must
not accommodate more than two
(2) vehicles side by side and may
consist of either one (1) or two (2)
garage doors.
(iii) If the garages are attached
and provide the one required
parking space per primary dwelling
unit, they would be considered part
of the structure and subject to the
setbacks required under Sec. 9-
4.3708(e).
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (l)(2)
Replacement Parking Required.
When an existing garage, carport,
or other covered parking structure
is converted or demolished in order
to construct a new unit, at least one
replacement parking space, which
shall be enclosed, must be
provided for each unit on the
Replacement Parking Required.
When an existing garage, carport,
or other covered parking structure
is converted or demolished in
order to construct a new dwelling
unit created pursuant to this
Article, at least one replacement
parking space, which shall be
This change clarifies
replacement parking required
for existing primary dwelling
units when an existing garage
is converted or destroyed.
property, unless the project is
exempt from parking.
enclosed, must be provided for
each primary dwelling unit on the
property, unless the project is
exempt from parking.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (p)(1)
Each principal dwelling unit on the
resulting lots must have its own
direct utility connection to all utility
service providers.
Each principal dwelling unit on the
resulting lots must have its own
direct utility connection to all utility
service providers.
This change corrects the
existing language to be
consistent with Public Works
Department requirements.
Title 9, Chapter 4,
Section 9-4.3708 Two-
Unit Housing
Development -
Standards and
Requirements (q)
Onsite Wastewater Treatment. For
projects utilizing an existing or
proposed new onsite wastewater
treatment system, adequate septic
feasibility must be demonstrated to
the satisfaction of, and permitted
by, the California State Water
Resources Control Boar d.
Properties to be connected to an
onsite wastewater treatment
system shall submit an application
for a new onsite wastewater
treatment system concurrently with
the application for a Two-Unit
Housing Development.
Construction of all wastewater
treatment s ystems shall be
permitted by the City and comply
with the current plumbing and
building code standards.
Onsite Wastewater Treatment. For
projects utilizing an existing or
proposed new onsite wastewater
treatment system, adequate septic
feasibility must be demonstrated to
the satisfaction of, and permitted
by, the California State Water
Resources Control Board.
Properties to be connected to an
onsite wastewater treatment
system shall submit an application
for a new onsite wastewater
treatment system concurrently
with the application for a Two-Unit
Housing Development.
Construction of all wastewater
treatment s ystems shall be
permitted by the City and comply
with the current plumbing and
building code standards.
Where a residential development
proposes to add one or more
dwelling units on a parcel currently
served by an onsite wastewater
treatment system, a written
determination from the County
This change clarifies the
applicant responsibilities when
applying for a Two-Unit
Housing Development project
on a property reliant on onsite
wastewater treatment.
Health Department shall be
submitted verifying that the
existing or proposed system has
adequate capacity to support the
additional unit. The letter shall
have been issued within a
maximum of 12 months prior to
application submittal. For any
development pr oposed on a
vacant parcel that is not connected
to a public sewer, a letter from the
County Health Department at the
time of application shall be
submitted confirming that the
parcel is eligible for onsite
wastewater treatment installation,
including perco lation testing,
system design, minimum lot area,
and setbacks, have been met or
can feasibly met, and adequate
area for size of dwelling units, and
reserve leach field system in
accordance with County health
standards.
cdd:660-21/jk/H:COMMON/Planning Commission/Agenda Packet/2025/20250519/ADU Ord Update/07A SB 9 Update MCA 2023-70010 Attach 3 Redline Table.docx/pz [FILE ID: MCA 2023- 70010]